Cerebral palsy lawsuits usually seek very large sums of money. For instance, a couple in Maine and their child recently received millions after their child developed cerebral palsy following a birth injury, which was found to be caused by negligence on the part of a midwife. There are cases, however, where the jury may find against the plaintiff (victim) and where no damages will end up being paid out at all.
Strength of the Case
An attorney will have to determine whether or not you have a valid claim on your hands. If they believe that you do, they will encourage you to go forward with the claim.
They will sometimes take theses case on a contingency agreement. This means that you don’t have to pay them unless they manage to win your lawsuit. If they lose, you owe them nothing, whether or not you ended up going to court or not. This is obviously a significant advantage for the person pressing the lawsuit, as litigation can be quite expensive.
The amount of money the attorney advises you to seek will depend upon the facts of your particular case. They will take into account your known expenses, expected future expenses, the facts of your case, and can even use past cases (and how much money they netted) if they share similar patterns.
Sometimes, the money sought might not be as much as you would think, and sometimes it will be much more. It really depends on the circumstances surrounding the case. It’s sometimes hard to conceive of how you put a price tag on pain and suffering, but you have to substantiate the damages you’re seeking, and your attorney will help with this.
The Jury
There are two major factors in determining how much your lawsuit will pay, if it is successful. First, if you are offered a settlement, it will depend upon your attorney’s negotiation skills and your willingness to settle. Your attorney can offer their advice, but you are the ultimate decision-maker when it comes to settling your claim.
Second, the jury will determine how much you’ll get if you win in court. They are under no obligation to award you the full sum that you’re seeking. They may not even pay out for certain parts of the case. You cannot know until you actually go to trial, but your attorney should be able to advise you of the possible outcomes.
You’ll want to get a good cerebral palsy attorney to represent you, and the sooner you start, the better. There are limitations on how long you have to sue over a case of cerebral palsy, so acting quickly is highly advisable.
For a free consultation with our cerebral palsy attorneys, call 1-855-833-3707 today.